Businesses are currently grappling with what feels like a game of snakes and ladders in the transition to the new merger control regime announced by Treasurer Jim Chalmers. Although major aspects of this were clarified with the passing of the legislation late last year, uncertainty is growing and the goalposts are shifting as the change looms.

The turnover and deal value thresholds announced are low and complex. Merger notification will soon become mandatory for many businesses and transactions that would have never been notified or reviewed under the current system.